Go Testify - Participant Terms of Service
If you disagree with these terms or any part of these terms, you must not use this Platform or associated applications.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
By accepting these Terms of Service as indicated below, you represent and warrant that you are 18 years of age or older, and that you have read, understood and agree to the entire Agreement. You also acknowledge that you have permission if agreeing on behalf of a third party e.g. company, to accept these provisions on their behalf. Go Testify are in their right to request said permission, if required.
Go Testify provides a software platform through web and mobile applications (the “Platform”) to enable Go Testify or its Customers (the “Customers”) to gain feedback and insight into their content, including but not limited to games, apps, design, branding, marketing or advertising content. A person who uses the platform to provide feedback is referred to as a “Participant”.
Customers have the ability to recruit and manage their own participants, referred to as “customer participants” to provide feedback.
Go Testify or the Customer sends invitations (the “test invite”) for participants to take part in tests according to the customers testing requirements e.g. demographic requirements. If a test is sent to a participant they may be accepted or rejected for the test through participating in a “Screening” process, if applicable.
The Screening process is a set of questions tailored to meet the needs of the test to ensure the participant meets the Customer’s requirements of the correct target audience. If a tester is applicable they will be directed to take part in the test.
The content that is provided as feedback (the “Session”) from the participants may include but not limited to audio, video, touch interactions, input data, survey responses. The sessions are related data and analysis are available for viewing by customers on the platform.
A reward may be presented to participants before taking part and this information e.g. the reward amount, is made available when viewing the test invite and in the screener. A Participant is entitled to receive the reward when they fully complete the tasks, meet the test requirements, session time and number of sessions required. This information will be communicated via the test invite or provided via additional communications from any Go Testify support team member via email, sms or online communication methods e.g. chat support. Failure from the Participant to adhere to the guidelines outlined within this document will not be entitled to receive any reward.
We will endeavour to pay rewards on the Friday following all participants completing all their allocated individual sessions or total required playtest time (the “test closing”) and any corresponding surveys for the Customer.
There may be times in which Participants will be required to complete additional external surveys requested by the Customer. This will be communicated to the Participant during the process.
You are solely responsible for any tax liabilities from receiving rewards from the Go Testify platform.
Customers who wish to use their own customer participants may offer a reward independently of the platform. Go Testify bears no obligation in regards to that reward and the redemption of that reward. Any enquiries in relation to the reward should be communicated between said Customer and Participant directly.
1.3 Participant Status
As a Participant in playtests you act solely as a user of the platform in which you will be connected via the platform to participate in tests for our Customers. This relationship in no way constitutes an employment status or can be construed as an agent, employee or partner with Go Testify.
As a Participant you will not be entitled to any employee benefits e.g. holidays and you are solely responsible for taxes related to any earnings via the platform.
1.4 3rd party beneficiary
Customers that use the platform to perform tests are 3rd party beneficiaries of this agreement. In the circumstance that a Participant fails to follow or by omission, abide by the provisions set out within this agreement and cause potential damages to the Customer, the Participant will be held liable to the Customer and the Customer has the right to enforce any provision of this document.
2. Personal Information
Go Testify gathers personal information about our Participants via registration, test participation, screening or questionnaires. We take the holding of this information very seriously and take precautionary measures to ensure protection of this data. To enable delivery of the tests for the customers and participants and for adequate communications we collect but are not limited to the following information:
- personally identifiable information such as name, age, email
- demographic information such as country, age, interests
- additional information that may be collected that is required to enable participation and analysis or reporting in customer tests.
3. Your Obligations
3.1 Confidential Information
When you access the Platform, you will be shown or exposed to both Customer Confidential Information and Go Testify Confidential Information
“Customer Confidential Information” means the Tests developed by a Customer, non-public information about a Customer’s brand, design, content or current or potential offering, and the fact that the Customer has requested that a Test be completed on the Platform.
“Go Testify Confidential Information” means all non-public content, designs, features, functions, elements and aspects of the Platform, and the Test Results.
Customer Confidential Information and Go Testify Confidential Information are referred to in these Terms of Service collectively as “Confidential Information”.
3.2 Your Obligations of Confidentiality
You agree not to disclose Confidential Information to anyone other than Go Testify or the Customer who developed the Test giving rise to the Confidential Information.
You agree not to use Confidential Information for any purpose other than completing the Tests you have accepted and assigning the Test Results to Go Testify.
Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by a court of competent jurisdiction or other applicable governmental authority or as required by applicable law.
You agree and acknowledge that your breach or threatened breach of this provision may result in irreparable harm to Go Testify or a Customer, for which money damages would be an insufficient remedy, and therefore that Go Testify or such Customer will be entitled to seek injunctive relief to enforce the provisions of this section.
As a third-party beneficiary to this Agreement, a Customer may enforce these confidentiality obligations against you directly. In some cases, a Customer may also require that you sign a separate non-disclosure agreement directly with them.
3.3 Security and Passwords
You understand that Go Testify takes steps to ensure that your Participant Information is treated securely, but no Internet transmission or method of electronic storage is 100% secure or error free.
You acknowledge and agree that Go Testify cannot guarantee the security of any information provided by you and that you provide information at your own risk.
You are responsible for maintaining the confidentiality of any usernames and passwords associated with your account and for monitoring all activity under your account. You are responsible for all activities, acts, or omissions that occur under your account, and you agree to assume full responsibility for any such activities, acts, or omissions. If you become aware of any unauthorized use of your password or your account, you should notify Go Testify immediately at the email address provided at the end of this Agreement.
3.4 Restricted access
Access to certain areas of this platform is restricted. Go Testify reserves the right to restrict access to other areas of this platform, or indeed this entire platform, at Go Testify's discretion.
If Go Testify provides you with a user ID and password to enable you to access restricted areas of this platform or other content or services, you must ensure that the user ID and password are kept confidential.
Go Testify may disable your user ID and password in Go Testify's sole discretion without notice or explanation.
3.5 Restricted Activity
You are not permitted to do any of the following (each a “Restricted Activity”):
Unless otherwise stated, Go Testify and/or its licensors own the intellectual property rights in the platform and on the Platform. Subject to the license below, all these intellectual property rights are reserved.
You must not use this Platform to:
- Disclose or share your Go Testify account login information with any third party;
- Create more than one account on the Platform;
- Knowingly provide inaccurate information through the Platform;
- Use the Platform for the benefit of anyone other than Go Testify or the Customer for which you are completing a Test;
- Sell, resell, license, sublicense, distribute, make available, rent or lease the Platform in a service bureau or outsourcing offering;
- Use the Platform in violation of applicable law or regulation, or the Go Testify Content Policy;
- Interfere with or disrupt the integrity or performance of the Platform or any data or information contained therein;
- Attempt to gain unauthorized access to the Platform or its related systems or networks;
- Copy the Platform or any part, feature, function or user interface thereof;
- Frame or mirror any part of the Platform;
- Access or use the Platform in order to build a competitive product or service or to benchmark with another product or service;
- Engage in fraudulent, obscene, harassing or illegal conduct on the Platform; or
- Copy or take screenshots/videos of any Test, or any part of the Platform;
- Cause, or may cause, damage to the platform or impairment of the availability or accessibility of the platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this platform without Go Testify's express written consent;
- Transmit or send unsolicited commercial communications.
You must not use this platform for any purposes related to marketing without Go Testify's express written consent.
3.6 Interactions with Other Participants
You are solely responsible for your interactions with other participants during the playtest and any other parties with whom you interact throughout the Test.
If you have a dispute with one or more participants, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation to do so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Go Testify participant account.
3.7 Health Warning
Certain people may experience a seizure while watching certain monitor images, including flashing lights or patterns that may appear while playing video/online games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while playing video games.
These seizures may have a variety of symptoms, including lightheadedness, dizziness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, loss of consciousness, involuntary movement or convulsion.
Please IMMEDIATELY stop participating in any playtest and consult a doctor, if you experience any of these symptoms. Please also note that when playing video/online games you should take certain standard health and safety precautions, including avoiding playing when tired and drowsy, taking 10 to 15 minute breaks every hour, sitting at a reasonable distance from the screen in a well-lit environment.
4. User content
In these terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this platform, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Go Testify or a third party (in each case under any applicable law). Illegal or unlawful content includes, but not limited to:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- “Junk mail”, “chain letters,” or “spam”;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
- User Content of commercial nature without authorization from us.
You must not submit any user content to the platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Go Testify reserves the right to edit or remove any material submitted to this platform, or stored on Go Testify's servers, or hosted or published upon this Platform.
Go Testify reserves the right to determine on a, case by case basis, if your content is appropriate, if this is not the case, we will remove the content from our platform and inform you of the reason why.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the test during your playtest/within your survey feedback provided by you are non-confidential and shall become the sole property of the Customer and you assign all rights to Go Testify and the Customer. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you see any material in the Platform that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at firstname.lastname@example.org.
5. Ownership & Property Rights
5.1 Assignment of Test Results to Go Testify
In consideration for your use of the Platform and where a Reward is provided, your receipt of such Reward, you hereby assign to Go Testify all right, title, and interest you have in and to all results of your Tests, including the Recording and your Participant Content (“Test Results”), provided that non-assignable moral rights are waived. You agree to take any action reasonably requested by Go Testify, at Go Testify’s expense, to evidence, perfect, obtain, maintain, enforce, or defend such assigned rights.
You acknowledge and agree that Go Testify will provide Recordings of Tests created by a Customer to the Customer for their business use.
You acknowledge and agree that Recordings of Tests developed by Go Testify may be publicly displayed or distributed by Go Testify. These Tests will be clearly identified on the Platform. You will be given a chance to opt out of including a Recording of a Test you completed in such public display or distribution.
You may submit comments or ideas about the Platform or Tests, including without limitation about how to improve the Platform, Tests, or our other products or services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Go Testify under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Go Testify does not waive any rights to use similar or related ideas previously known to Go Testify, or developed by its employees, or obtained from sources other than you.
5.2 Use of and Limited License to the Platform
You acknowledge and agree that all content, designs, features, functions, elements and aspects of the Platform are the exclusive property of Go Testify, or its licensors, and may be protected by applicable intellectual property and other laws.
Subject to the provisions of this Agreement, Go Testify grants to you a personal, non-sublicensable, nonexclusive, non-transferable, freely revocable, limited license to use the Platform as permitted by the features of the Platform solely to conduct Tests on behalf of Go Testify and Customers, and in accordance with any documentation or instructions supplied by Go Testify or such Customers. Go Testify may terminate this license at any time for any reason or no reason.
Except as expressly provided in this Agreement, nothing provided in connection with Tests shall be construed as conferring upon you any license under any of Go Testify’s, Customers’, or any other party’s Intellectual Property Rights, whether by estoppel, implication, waiver, or otherwise. Go Testify reserves all rights not expressly granted herein in the Platform and any related content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
5.3 Deleting Content Requests
Written requests to remove content and or videos from the platform on the grounds of copyright infringements or UK law violations or our breaches of our terms will be honoured as quickly as possible.
All video content is periodically removed from the platform, the interval is defined by your subscription tier.
Go Testify takes no responsibility and assumes no liability for any user conduct or for any content uploaded, transmitted, distributed, stored, created or otherwise published through the Service, nor is Go Testify liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Service. Your use of the Service is at your own risk.
Although Go Testify does not control and has no obligation to screen, edit or monitor any of the content uploaded, stored, created or otherwise published through the Service, Go Testify reserves the right, and has absolute discretion, to remove, screen or edit any content at any time and for any reason without notice. Any use of the Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service.
Go Testify does not endorse or control, and makes no representations or warranties of any kind regarding, any games or the acts, omissions or otherwise of Game Publishers including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. You should be aware that when you interact with a game, Go Testify's terms and policies, including the Terms, may no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Connected Sites and Game Publishers when you navigate away from the Service or do any actions (including, but not limited to, playing a game or uploading, transmitting, distributing or otherwise publishing content through the Service when embedded within a game).
6. General Terms
6.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Go Testify relating to the subject matter of this Agreement, and shall completely replace any prior agreements, oral or written, between you and Go Testify in relation to you acting as a Participant.
6.2 Changes to this Agreement
Go Testify reserves the right to discontinue the Platform or any Test at any time or otherwise make changes to the Platform and Services at any time, without notice, and without liability to you.
6.3 Waiver, Severability, Nonassignability
Go Testify’s failure to exercise or enforce any legal right or remedy or provision of this Agreement (or which Go Testify has the benefit of under any applicable law) will not constitute a waiver of such right, remedy, or provision.
In the event that any of the provisions of this Agreement is found by a court, arbitrator or other tribunal of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect.
You may not assign or delegate any rights or obligations under this Agreement, and any such attempted assignment or delegation shall be void and without effect.
Go Testify may freely assign or delegate all rights and obligations under this Agreement, in whole or in part.
6.4 No warranties
This platform is provided “as is” without any representations or warranties, express or implied. Go Testify makes no representations or warranties in relation to this Platform and associated apps or the information and materials provided on this Platform and associated apps.
Without prejudice to the generality of the foregoing paragraph, Go Testify does not warrant that:
- the platform will be constantly available, or available at all;
- the information on this platform is complete, true, accurate or non-misleading.
Nothing on this platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
6.5 Limitations of liability
Go Testify will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this platform:
- for any indirect, special or consequential loss;
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Go Testify has been expressly advised of the potential loss.
Nothing in this platform disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this platform disclaimer will exclude or limit Go Testify's liability in respect of any:
- death or personal injury caused by Go Testify's negligence;
- fraud or fraudulent misrepresentation on the part of Go Testify;
- matter which it would be illegal or unlawful for Go Testify to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this platform, you agree that the exclusions and limitations of liability set out in this platform disclaimer are reasonable.
If you do not think they are reasonable, you must not use this platform.
6.8 Other parties
You accept that, as a limited liability entity, Go Testify has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Go Testify's officers or employees in respect of any losses you suffer in connection with the platform.
You agree that the limitations of warranties and liability set out in this platform disclaimer will protect Go Testify's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Go Testify.
You hereby indemnify Go Testify and undertake to keep Go Testify indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Go Testify to a third party in settlement of a claim or dispute on the advice of Go Testify's legal advisers) incurred or suffered by Go Testify arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms.
8. Breaches of these terms
Without prejudice to Go Testify's other rights under these terms, if you breach these terms in any way, Go Testify may take such action as Go Testify deems appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing any court proceedings against you deemed necessary.
9. Account Closure Policy
Please contact us at email@example.com if you wish to close your player account
Closing your account will anonymise your details and prevent access and any communications to the platform via Go Testify platforms. You must create a new one to use the service.
10. Law and jurisdiction
These terms will be governed by and construed in accordance with England, Northern Ireland, Scotland and Wales law, and any disputes relating to these terms will be subject to the jurisdiction of the courts of England, Northern Ireland, Scotland and Wales.
Go Testify Limited’s registered address is Unit 17 Ormeau Business Park, 8 Cromac Avenue, Belfast, Antrim, BT7 2JA (Company number: NI636713).
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by mailing us at the aforementioned registered address.